20191006 Ver 1_I-3819 B 2020-06-22 Lane Response to NOD_20200626

LANE
June 2211, 2020
NCDEQ, Division of Water Resources
1617 MSC
Raleigh, NC 27699-1617
Attn: Amy Chapman
Ref: 1-40/1-77 Design Build, 1-3819B/U-6039
Iredell Co., NC
NCDOT Contract No. 204163
Re: Response to Notice of Deficiency issued on May 2211, 2020
Ms. Chapman,
P.O. Box 7228
Statesville, NC 28677
[phone] Phone
As you are aware, on May 18tn an incident occurred on the project that compromised the conditions of
the environmental permit. Specifically, a heavy equipment operator performed unauthorized work over
the weekend of May 16tn-17tn This operator improperly entered into an unpermitted area near permitted
site 5 with a piece of heavy equipment and severely impacted the area.
From our investigation, it appears this operator believed he was helping to progress the work by moving
materials and/or clearing trees on his own. In so doing, he got an excavator stuck in the wetland. Once
stuck, the operator attempted to remove the excavator. While trying to remove the excavator, the
operator ultimately made the situation worse. As opposed to calling for help, his struggles sank the
excavator into the wetland soil, impacting the surrounding area, to include a small unnamed tributary to
Fourth Creek. Upon discovery of this incident on the morning on May 18tn (approx. 7:OOam), Lane
dispatched forces to assess the situation. It was at this time the operator was stopped, removed from
the equipment and pulled aside for questioning. Upon questioning he was immediately terminated and
removed from the site. The operator's termination paperwork has been completed to disallow future
employment with The Lane Construction Corporation.
The intentions and actions of this operator were unknown to either Lane Construction or NCDOT until he
was discovered, still struggling, on the morning of May 18tn. At approximately 8am, our onsite Project
Manager, Casey Hurley, contacted Mr. Matthew Evans, NCDOT Resident Engineer, to advise him of the
situation. Mr. Evans subsequently alerted Mr. Jeff Wyatt, NCDOT Division Environmental, who then
alerted NCDWR.
This shows we followed NCDWRs preferred method to include Division Environmental in
correspondence.
A short while later (approx. 11 am) team members from Lane, NCDOT and NCDWR met onsite to inspect
the situation and discuss a path forward. Working together, a plan was devised to remove the excavator
and subsequently repair/safe-up the area prior to a forecasted rainstorm.
Lane is greatly appreciative of the support and guidance offered by NCDOT and NCDWR. Specifically,
the assistance offered by Mr. Evans and Ms. Donna Hood (NCDWR) helped to ensure a successful

outcome. Together the team was able to come up with a safe solution to a very difficult situation. By
the end of the day, this solution led to successful recovery of the equipment and an area safe -up.
Since the incident on May 18th, Lane has enlisted our Design -Partner, WSP Engineering, to assist with
development of a site restoration plan. As a first step, a site survey was completed and members of
WSP's team visited the project to inspect the impacted area. While onsite, their team worked to assess
the extent of the wetland and stream impacts. A summary of impacts is provided in the table below:
Area 1
Area 2
Total
Temp Wetland Impacts
0.20
0.03
0.23 AC
Temp Stream Impacts
77
-40 *
37 LF
40 LF of Temp. Stream Impact was Permitted but not Utilized.
Utilizing this information, WSP worked to develop a site restoration plan. Attached for your reference is
a copy of this plan. This plan includes reshaping the area and restoring to pre-existing elevations and
contours. Additionally, the small unnamed tributary to Fourth Creek was repaired and shaped back to
pre -impacted condition.
This plan was implemented and the area has been restored back to pre -impact conditions. Exposed and
erodible areas have been seeded with appropriate wetland seed mix and matted. Lane's progress was
confirmed by Ms. Hood and Mr. Evans during a follow up inspection on June 3rd. At that time the area
was approx. 90% restored, which has since been completed. Photos of the completed restoration are
attached for your reference.
This restored area will be monitored and photographed per the requirements set forth in the restoration
plan. Additionally, as discussed in the field on June 3rd, Lane, NCDOT and NCDWR will be able to easily
access and monitor this site regularly for the next year as the new bridge is being constructed. If any
further actions are necessary, or if a plan revision is required, Lane will be able to take action in real time.
Lastly, as an update on our project specific environmental training; an operator training session was held
on June 10th. At this training, the importance of the project environmental permits was conveyed as was
erosion & sediment control in general. The meeting was led by Casey Hurley with assistance of his staff.
Individuals present for this class included Ms. Donna Hood, Matthew Evans, Jeff Wyatt (NCDOT
Environmental), amongst other NCDOT staff. Going forward it is Lane's intention to train everyone on
the project, not just the heavy equipment operators. Furthermore, our project team intends to make this
training part of our new hire orientation to ensure every employee is knowledgeable of the importance of
environmental permitting.
If you have any questions regarding this situation or if you require additional information regarding our
restoration plan, please feel free to contact me directly at: 704-621-5273 or
[e-mail].
Sincerely,
The Lane Construction Corporation
James S. Seybert
Project Director

Wetland Restoration Plan
At Permit Site 5
For I-40/I-77 Interchange Improvements
Iredell County
TIP No. I-3819B
June 2020
Lane Construction performed on -site restoration of temporary wetland and stream impacts at Permit
Site 5 for the I-404-77 interchange improvements (TIP No. I-3819B). The restoration mitigated
unauthorized impacts of approximately 0.23 acre of temporary impacts to wetland WD and 77 linear
feet of temporary impacts to stream SJ that occurred during the construction phase of the I-3819B
project.
The restoration site is located just upstream of where the new two-lane bridge will cross wetland
WD and stream SJ. It is also upstream of 40 linear feet of permitted temporary impacts to stream SJ
for a temporary pipe that was eliminated and is no longer required for site access. Lane Construction
will restore 0.23 acre of wetland WD, including 0.15 acre of temporary impacts from the mired
trackhoe, 0.03 acre of temporary impacts from sediment deposition, and 0.05 acre of temporary
impacts for site access, and restore 77 linear feet of stream SJ (40 linear feet of temporary impacts
to stream SJ were previously permitted, therefore the restoration of 77 linear feet of temporary
impacts results in a net increase of 37 linear feet of temporary impacts that were not previously
permitted).
EXISTING CONDITIONS
The restoration project is located in Iredell County, approximately 0.25 miles south of I-40 and 0.06
miles to the west of I-77 southbound, near the I-40/I-77 interchange and adjacent to the new two-
lane ramp bridge currently under construction. In the Natural Resources Technical Report (NRTR)
memorandum dated July 10, 2018, wetland WD was identified as a medium quality riverine swamp
forest per the North Carolina Wetland Assessment Method (NCWAM). Based on a June 1, 2020 site
visit, in the intact portion of wetland WD near the impacted area, vegetation is primarily herbaceous
and is dominated by giant goldenrod (Solidago gigantea), arrowleaf tearthumb (Polygonum
sagittatum), barnyardgrass (Echinochloa crus-galli), dallisgrass (Paspalum dilatatum), and fall
panicgrass (Panicum dichotomiflorum), with black willow (Salix nigra), and boxelder (Acer
negundo) saplings further from the stream. Prior to the unauthorized disturbance, the area of impacts
in wetland WD was similar to the adjacent wetland area, with herbaceous vegetation as the dominant
stratum closer to the stream and tree and shrub saplings occurring further upslope.
Stream SJ is identified as a perennial upper tributary of Fourth Creek. The stream channel upstream
of the area of unauthorized temporary impacts is approximately 1 to 2 feet wide at the channel bottom
and top of bank JOB), the bank height is approximately 4 to 6 inches, and the bed substrate is silt
and clay. The stream channel downstream of the area of temporary unauthorized impacts is

approximately 2 to 3 feet wide at the channel bottom, 3 to 4 feet wide at TOB, the bank height is
approximately 2 to 3 feet, and the bed substrate is silt and clay.
Since the unauthorized temporary impacts, the machinery has been removed and the disturbed
ground surface of the wetland has been restored to the pre -impact contours. Erosion control matting
has been laid down along the banks of the stream and over disturbed portions of the wetland. The
stream channel and banks have also been regraded. On June 3, 2020, Lane Construction met on -site
with Donna Hood with NCDWR and Matthew Evans with NCDOT to inspect the restoration areas
and review the progress of restoration activities.
PROPOSED CONDITIONS
Design
The proposed wetland mitigation will consist of restoring 0.23 acre of riverine wetland in wetland
WD. Regrading to pre -impact contours, rebuilding the natural berm adjacent to the stream that
existed previously, and the placement of erosion control matting have already occurred as part of the
wetland restoration activities in the 0.15 acre of temporary impact area from the trackhoe. Sediment
has been removed from the 0.03-acre area that experienced temporary sediment deposition outside
of the trackhoe disturbance. No regrading or erosion control matting is being proposed in the 0.03-
acre area or the 0.05-acre temporarily impacted for site access. Native grass seeding and mulching
will be used to restore all temporarily impacted wetland areas.
The proposed stream restoration will consist of restoring 77 linear feet of perennial stream SJ. The
stream banks have been regraded and stabilized with erosion control matting as part of the stream
restoration activities. Lane Construction attempted to match the restored channel to pre -impact cross
sectional area. This area is represented in the attached as -built cross section that depicts survey data
collected by Lane Construction on June 1, 2020. A plan view of the restoration areas and detail of
the erosion control matting area are also attached.
Vegetation Planting
Native wetland grass seeding and mulching will be performed on all disturbed areas within the
wetland and stream bank restoration area for stabilization purposes according to guidance and
standard procedures of NCDOT's Roadside Environmental Unit (Appendix A).
MONITORING
Upon completion of the restoration activities, the following monitoring strategy is proposed for the
mitigation site. Lane Construction will document monitoring activities over the course of one year
on the site, with monitoring site visits occurring once in the fall of 2020 and once in the spring of
2021. A report following the completion of each monitoring site visit will be submitted to the
regulatory agencies. The need for additional monitoring of the restored areas will be evaluated after
one year of monitoring.

Lane Construction will monitor the wetland and stream bank restoration site for survival and aerial
cover of vegetation by visual observation and photo points. Lane Construction shall monitor the site
for one year. Additional monitoring will only occur if the restoration project does not meet the
success criteria (see below), in which case a supplemental plan will be developed. Monitoring will
begin in the fall of 2020 to allow for establishment of vegetation from the site seeding.
No specific wetland hydrological monitoring is proposed for this wetland restoration site. The target
elevation was based on pre -impact wetland elevation data which will ensure the hydrology in the
restored area is similar to the hydrology in the adjacent wetland area.
For the stream restoration, visual observations of bank stability will be documented and photographs
will be taken in the restored stream segment and at upstream and downstream reference locations
during monitoring site visits.
Success Criteria
Success criteria will include the following:
• 85% total cover of herbaceous species after one year following completion of the restoration
activities.
• No disruption of erosion control matting or substantial bank erosion.

Appendix A. NATIVE GRASS SEEDING AND MULCHING:
Native Grass Seeding and Mulching shall be performed on the disturbed areas of wetlands and
riparian areas, and adjacent to Stream Relocation and/or trout stream construction within a 50 foot
zone on both sides of the stream or depression, measured from top of stream bank or center of
depression. The stream bank of the stream relocation shall be seeded by a method that does not alter
the typical cross section of the stream bank. Native Grass Seeding and Mulching shall also be
performed in the permanent soil reinforcement mat section of preformed scour holes, and in other
areas as directed.
The kinds of seed and fertilizer, and the rates of application of seed, fertilizer, and limestone, shall
be as stated below. During periods of overlapping dates, the kind of seed to be used shall be
determined. All rates are in pounds per acre.
August 1 - June 1
18# Creeping Red Fescue
8# Big Bluestein
6# Indiangrass
4# Switchgrass
35# Rye Grain
500# Fertilizer
4000# Limestone
May 1— September 1
18# Creeping Red Fescue
8# Big Bluestein
6# Indiangrass
4# Switchgrass
25# German or Browntop Millet
500# Fertilizer
4000# Limestone
Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-
2 ratio is maintained and the rate of application adjusted to provide the same amount of plant food
as a 10-20-20 analysis and as directed.
Measurement and Payment
Native Grass Seeding and Mulching will be measured and paid for in accordance with Article
1660-8 of the Standard Specifications.

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LEGEND
DENOTES TEMPORARYwzejz" �
FILL IN WETLAND
ww DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
KYIIFI DENOTES FILL IN
WETLAN D 1
DENOTES MECHANIZED 1
CLEARING T
DENOTES HAND
CLEARING
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
�r ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
-,RESTORATION PLAN (0.15 AC)
SEE COIR 11( FIBER MATTING DETAIL
ILI W1 SEE CROSS Y 1
SECTION PLOT 1 T
(THIS SHEET` 1
LIMITS OF PERMITTED
�(HAND CLEARING
/ `IMPACTS /
1001 Morehead Square Dr., PROJECT REFERENCE NO.
Suite 610, Charlotte, NC 28203 1-38198
• • • NC LIC NO. F-0165
RNV SHEEP NO.
ROADWAY DESIGN
Q
SJ & WD ENGINEER
F RESTORATION PLAN
z
r �
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED DOCUMENT NOT CONE
T UNLESS ALL SIGNATUR
ACCORDING TO THE ATTACHED
RESTORATION PLAN (0.03 AC)
j 1 COIR FIBER MATTING TO BE PLACED IN THE LARGER
.-) L
TEMPORARY TO BE RESTORED AND MONITORED _ T
F ACCORDING TO THE ATTACHED
RESTORATION PLAN (77 LF) 1 ��
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT T
ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
RESTORATION PLAN
(0.05 AC)
�T
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS
KtJIUKAIIUN AKtA; AUJAC,tNI IU Irit JIKtIC
IATTFENCN ANCHOR TRENCH
ON 1 CENTERS
ANCHOR OVERLAP
ON I CENTERS
AHCMOR5 ON
3 CENTERS
DIRECTION
OF FLOW
—ANCHORS
6" OVERLAY(MIN)
PLAN VIEW
RESTORE DISTURBED
BANKS AND OVERBANKS
TO PRE IMPACT ELEVATIONS
VARIES
COIR FIBER
MATTING
EXTEND COIR FIBER
BACKFILL MATTING TO LIMITS
OF WETLAND IMPACT
ANCHORS ON
3 CENTERS
8" MIN.
A)ICHORS ONE 'ND.BACKFILLED..
I CENTERS
2" x 2" (nominal)
WOODEN STAKE
24"
#4 STEEL
REINFORCEMENT BAR
I" (nominal)
STAPLE
12 11
ANCHOR OPTIONS
STREAM BED
NOTES:
TYPICAL CROSS SECTION I) IN AREAS TO BE MATTED, ALL SEEDING, SOIL
AMENDMENTS, AND SOIL PREPARATION MUST BE
COMPLETED IN ACCORDANCE WITH THE PROJECT
SPECIFICATIONS PRIOR TO PLACEMENT OF COIR
FIBER MATTING.
2) REBAR OR STAPLES DAY BE USED IN PLACE OF
COIR FIBER MATTING DETAIL
WOODEN STAKES AS DIRECTED BY THE ENGINEER.
NOT TO SCALE
10 5 0 10 20
Y 780
PLAN
779
F 778 A BUILT CROSS SECTION
APPROXIMATELY MATCHES
PRE —IMPACT ONDITIO S*
C 777
776
775
774
773
772
771
C 770
—25 —15 —5 (0) 5 15 25
CROSS SECTION A -A
"::4 VERT 1":20 H RIZORI ((11W))
�•�•�/` 1":4' VERT 1":20' HORIZ (11x17)
*SITE GRADING APPROVED BY NCDEQ REPRESENTATIVE
DURING FIELD OBSERVATION

0
LEGEND
DENOTES TEMPORARY
wzejz" FILL IN WETLAND
W�F DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
KYIIFI DENOTES FILL IN
WETLAN D
DENOTES MECHANIZED \
CLEARING
DENOTES HAND
CLEARING
�TEMPORARY WETLAND IMPACTS
'� ELEVATIONS MONITORED
TO BE RESTORED TO PRE —IMPACT
ACCORDING TONTTHE ATTACHED--,
-,RESTORATION PLAN (0.15 AC)
SEE COIR FIBER MATTING DETAIL
v �
-L
SEE CROSS
SECTION PLOT
His SHEET
-)t-- TEMPORARY STREAM IMPACTS
TO BE RESTORED AND MONITORED
F ACCORDING TO THE ATTACHED
RESTORATION \\'PLAN (77LF)
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
RESTORATION PLAN
(0.05 AC)
�1
D T / D
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS /
N
1001 Morehead Square Dr., PROJECT REFERENCE NO.
Suite 610, Charlotte, NC 28203 1-38198
/ • • • /1 NC LIC NO. F-0165
RNV SHEET NO.
� ROADWAY DESIGN HYD
Q
SJ & WD ENGINEER ENI
F RESTORATION PLAN
z
r
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED DOCUMENT NOT CONSIOE O
T UNLESS ALL SIGNATURES COI
ACCORDING TO THE ATTACHED
� RESTORATION PLAN (0.03 AC)
1 COIR FIBER MATTING TO BE PLACED IN THE LARGER
6" OVERLAY(MIN)
PLAN VIEW
RESTORE DISTURBED
BANKS AND OVERBANKS
TO PRE IMPACT ELEVATIONS
VARIES
COIn FIBER
MATTING
6
E%TEND COIR FIBER
BACK FILL MATTING TO LIMITS
OF WETLAND IMPACT
ANCHORS ON
3 CENTERS
B" MIN.
A)ICHORS ONE 1 BACKFI....
7 CENTERS
2" x 2" (nominal)
WOODEN STAKE
24"
#4 STEEL
REINFORCEMENT BAR
I" (nominal)
STAPLE
12
11
ANCHOR OPTIONS
STREAM BED
NOTES:
TYPICAL CROSS SECTION I) IN AREAS TO BE MATTED, ALL SEEDING, SOIL
AMENDMENTS, AND SOIL PREPARATION MUST BE
COMPLETED IN ACCORDANCE WITH THE PROJECT
SPECIFICATIONS PRIOR TO PLACEMENT OF COIR
FIBER MATTING.
2) REBAR OR STAPLES MAY BE USED IN PLACE OF
COIR FIBER MATTING DETAIL
WOODEN STAKES AS DIRECTED BY THE ENGINEER.
NOT TO SCALE
10 5 0 10 20
PLAN
779
O778
777
776
775
774
i —25 —15 —5 (0) 5 15 25
CROSS SECTION A -A
1":2' VERT 1":10' HORIZ (22x34)
71 1":4' VERT 1':20' HORIZ (11W)
*SITE GRADING APPROVED BY NCDEQ REPRESENTATIVE
DURING FIELD OBSERVATION

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